(4) It is a defence for a person charged with an offence under
this section in respect of a disclosure falling within subsection
(2) (a) above to prove that at the time of the alleged offence he did
not know, and had no reasonable cause to believe, that the
disclosure would have any of the effects there mentioned.
(5) It is a defence for a person charged with an offence under
this section in respect of any other disclosure to prove that at the
time of the alleged offence he did not know, and had no reasonable
cause to believe, that the information, document or article in
question was information or a document or article to which this
section applies.
(6) In this section "legal custody" includes detention in
pursuance of any enactment or any instrument made under an enactment.
5.
Information resulting from unauthorised disclosures or entrusted in confidence
(1)
Subsection (2) below applies where
(a) any information, document or other article protected
against disclosure by the foregoing provisions of
this Act has come into a person's possession as a
result of having been -
(i)
disclosed (whether to him or another) by a
Crown servant or government contractor
without lawful authority: or
(ii) entrusted to him by a Crown servant or
government contractor on terms requiring it
to be held in confidence or in
circumstances in which the Crown servant or
government contractor could reasonably
expect that it would be so held; or